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Constitution Act 1975
75BQualification and appointment of Judges
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75B Qualification and appointment of Judges
S. 75B(1) substituted by No. 66/2003 s. 3, amended by No. 24/2008 s. 6(a).
(1) A person is not eligible for appointment as a Judge of the Court unless he or she—
(a) is or has been a judge of—
(i) the High Court of Australia or of a court created by the Parliament of the Commonwealth; or
(ii) a court of Victoria or of another State or of the Northern Territory or the Australian Capital Territory; or
(b) has been admitted to legal practice in Victoria, another State, the Northern Territory or the Australian Capital Territory, or has been enrolled as a legal practitioner of the High Court of Australia, for not less than 5 years.
Note to s. 75B(1) inserted by No. 3/2016 s. 39, substituted by No. 1/2022 s. 29.
See also section 8(1B) of the **County Court Act 1958** in relation to a Judge of the Court who is a dual commission holder as Chief Judge.
See also section 7(2B) of the **Magistrates' Court Act 1989** in relation to a Judge of the Court who is a dual commission holder as Chief Magistrate.
S. 75B(2) amended by Nos 24/2007 s. 8(1), 24/2008 s. 6(b).
(2) The Judges of the Court shall be appointed by the Governor by commission with the advice of the Executive Council.
S. 75C inserted by No. 63/2013 s. 56.